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State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ...... was allowed as aforesaid. 4. We have heard Mr. Md. Ali Akanda, the learned Deputy Attorney General for the petitioner and perused the judgment of the High Court Division and other connected papers on record. 5. The High Court Division held that P.W.1 and 2 who are seizure list witn......ellip;……..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008. Lawyers Involved: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..Category: Criminal Law | Date: | Hits: 45
Moulavi Khawaja Abdullah Welfare Trust Vs. Dhaka Nawab Court & another, 2008, 37 CLC (AD)
....ality in the impugned judgment as after hearing the parties, the Court being satisfied made the Rule absolute. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 803........ 1000/-. 3. We have heard Mr. Ahsanul Quayum, the learned Advocate appearing with the leave of the Court for the petitioner and perused the judgment of the High Court Division and other connected papers. We do not find any illegality in the impugned judgment as after hearing the parties, the Cou......d-For the Petitioner (Appeared with the leave of the Court). Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1122 of 2006. (From the judgment and order dated 29.06.2006 passed by the High Court Division in First Appeal No.360 of 2004) Judg......ality in the impugned judgment as after hearing the parties, the Court being satisfied made the Rule absolute. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 803...Category: Limitation Law | Date: | Hits: 180
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......, after hearing, discharged the Rule. 4. We have heard the learned counsel for the petitioner and perused the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears that the High Court Division discharged the Rule holding that as he......bsp; Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, Bangladesh Secretariat, Dhaka & others......Respondents Judgm......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ..Category: Civil Law | Date: | Hits: 100
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......appearing for the respondent and Mr. Mahmudul Islam, learned Counsel appearing for added respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 5. Mr. Moudud Ahmed, the learned Counsel appearing for the petitioner ma......ivision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited represente......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......n, the learned Counsel for the petitioner and Mr. A.S.M. Khalequzzaman, the learned Advocate-on-Record for respondent Nos.1-7 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the predecessors-in-interest the plaintiff and the defendants ...... Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003.) ......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......red sale deed No.534 to Abul kazi and Yanunj kazi the sons of defendant No. 6 and after taking settlement and purchasing land by the defendant No.1 pulin Bihari Bairagee and kalicharan Bairagee the papers were with the custody of the landlords Nag and Metras and the plaintiff himself admitt......ported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......h the courts below and hence this petition for lave to appeal. 12. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the respondent filed a pre-emption case which was allo...... (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
..... Such withdrawal or reduction in the exemption is very much within the jurisdiction of Section 19 of the Customs Act subject to the ceiling as fixed by the first schedule of the Finance Act of the relevant fiscal year. In the present case as per the notification dated 12.06.1998, neither the peti......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismi......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......sess the same by giving barga to others. It is also contended in the written statement that the plaintiff petitioner after the death of the father of the defendant Nos.1 and 2 in 1980 took all the papers of the suit land taking advantage of the helplessness of the defendant Nos.1 and 2 on false ...... (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Haripada Goldar.................Petitioner Vs. Md. Sahabuddin Sheikh and others…........Respondents Judgment ...... appellate court as well as the High Court Division the question of banami has been the conclusively decided by the courts below against the plaintiff. The courts below believed that the papers and documents were obtained by the petitioner from the mother of the defendants on false represent..Category: Property Law | Date: | Hits: 32
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......btained Rules and after hearing, the High Court Division made the Rule absolute. 3. We have heard the learned advocate-on-record, perused the impugned judgment and order and other connected papers. 4. As it appears the High Court Division found that both the plaintiffs and the defe......ision (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008. Lawyers ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....irecting the writ respondent Nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ petitioner respondents and other writ respondents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter alia, t......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......5, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....to the constitution and the passing of the Repeal Act as an ordinary law is therefore a colorable exercise of power. 22. To examine and appreciate the submission of the learned Counsel, the relevant laws are reproduced below for ready reference: The Indemnity Ordinance, 1975 was pu...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......riar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998....... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....milla who also opined and recommended to the Chief Engineer RHD, Sarak Bhaban, Ramna, Dhaka vide Memo. No.46(Kha)27 dated 02.01.2003 and the matter was also discussed in a meeting at Comilla by the relevant and competent committee who opined in favour of writ petitioner for awarding the contract a......Nirmata (JV) quoting 9,93,05,624.00 as the lowest bid and upon an evaluated rate the said bid stood at TK. 9,82,85,958.00 and recommended for the approval and necessary action enclosing the concerned papers of the bids though initially the bid of the writ petitioner, quoting rate at Tk.10,55,12,076.......244-246, 248-50 of 2005)
Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005)
Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005)
Vs.
Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals)
And
Md. Eunus and Brot......ing initial recommendation by the Superintendent Engineer to be considered by the Additional Chief Engineer being purely internal departmental communication which is under the terms of the tender documents strictly confidential and not for any public consumption as any decision was yet to be tak..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
.... the investigating officer in the charge-sheet mentioned about the order of the Superintendent of Police, Tangail of his Memo No. 123 dated 16.2.91. The learned Deputy Attorney General has placed the relevant order of sanction of the President’s Secretariat before us by a supplementary affidavit. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ....... XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque K......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ...... hearing, dismissed the leave petitions. 3. Heard the learned counsel for the petitioners, perused the petition and the impugned judgment and order of this Division and also other connected papers. 4. As it appears this Division, after hearing, dismissed above civil petitio...... 7. Abdul Malek………………......... Petitioner (In Civil Review Petition No.116 of 2008) Vs. Md. Abdul Khaleque being dead his heirs: M.A. Malek and others……..Respondents (In all cases) Judgment Januar......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 48
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ered into the Radio Station and some times thereafter, Farooque Rahman and Abdur Rashid entered into the Radio Station. 167. P.W.17, stated that he was a member of artillery unit during the relevant time and that Mohiuddin (Artillery) was commander of Papa Battery and he attended the nig...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Major Ahmed Hossain and then Farooque Rahman and other officers went to the office of Mohiuddin (Lancer) and he also no...... (1) all statements which the Court permits or requires to be made before it by a witness, in relation to matters of fact under enquiry; such statement are called oral evidence; (2) All documents produced for the inspection of the Court, such documents are called documentary evidence..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... not tenable in law. From our careful scrutiny we have found that the same cases are also relied on by the respondents in support of their contentions. It would be profitable for us to examine the relevant decisions in this context. In the case of Dharam Singh –Vs- State of U.P. reported i...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......inal.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....odging F.I.R. 497. On the second ground of delay in lodging the First Information Report (FIR), my learned brother Md. Tafazzul Islam, J in his judgment has extensively discussed the facts, relevant laws, grounds of delay in lodging the FIR including the background and the scenario which ......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... Attorney General and Mr. Ajmalul Hossain vehemently criticized the conducts of the Governments in power. Mr. Hossain contends that the justice delivery system has failed in all respects during the relevant time which can not be exonerated. This failure of the justice delivery system has colossal......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......er. ......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... were already in the house of Bangabandhu. There is no reliable evidence on record, learned counsel submits, about Lt. Col. Syed Farooque Rahman’s presence in the house of Bangabandhu at the relevant time. In this connection the learned counsel has drawn our attention to certain portions o...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......r. Ajmalul Hossain, Q.C. has referred the case of State of U.P. V. M.K. Anthony, AIR 1985 SC 48 on this point of admissibility of extrajudicial confession. In that case the accused killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness ......dmitting his participation in the incident on 15th August 1975 will not be admissible under section 57(13) of the Evidence Act. Section 81 creates a presumption of genuiness in respect of the documents, such as, (a) an official Gazette (b) the London Gazette (c) the Gazette of Bangladesh (..Category: Criminal Law | Date: | Hits: 291
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